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REMEDIAL LAW
INSTRUCTIONS
1. This Questionnaire contains ten (10) pages. Check and make sure
that your Questionnaire has the correct number of pages. You may
write on your Questionnaire as you answer the questions.
Read each question very carefully and write your answers in your
Bar Examination Notebook in the same order of the questions.
Answer the essay questions legibly, clearly, and concisely. Write
your answers only on the front. of every page of your Notebook. If
the front pages are not sufficient, continue at the back of the first
page and so on. Start every number on a separate page, but an
answer to a sub-question under the same number may be written
continuously on the same page and on the immediately succeeding
pages until the answer is complete. Follow the numbering sequence
of the Questionnaire in your answers.
Good luckl
1nnan
2017 Bar Examinations
REMEDIAL LAW 2
I.
II.
Santa filed against Era in the RTC of Quezon City an action for
specific performance praying for the delivery of a parcel of land
subject of their contract of sale. Unknown to the parties, the case
was inadvertently raffled to an RTC designated as a special
commercial court. Later, the RTC rendered judgment adverse to
Era, who, upon realizing that the trial court was not a regular RTC,
approaches you and wants you to file a petition to have the
judgment annulled for lack of jurisdiction.
What advice would you give to Era? Explain your answer. (4%)
Ill.
....
REMEDIAL LAW 3
IV.
v.
After working for 25 years in the Middle East, Evan returned to the
Philippines to retire in Manila, the place of his birth and childhood.
Ten years before his retirement, he bought for cash in his name a
house and lot in Malate, Manila. Six months after his return, he
learned that his house and lot were the subject of foreclosure
proceedings commenced by ABC Bank on the basis of a
promissory note and a deed of real estate mortgage he had
allegedly executed in favor of ABC Bank five years earlier.
Knowing that he was not in the country at the time the promissory
note and deed of mortgage were supposedly executed, Evan
forthwith initiated a complaint in the RTC of Manila praying that the
subject documents be declared null and void.
VI.
'7
REMEDIAL LAW 4
Does the trial court have a reason to deny the motion? Explain your
answer. (4%)
VII.
VIII.
A.
'
9
REMEDIAL LAW 5
B.
IX.
Noting that the amount of the counterclaim was below the exclusive
original jurisdiction of the RTC, Abraham filed a motion to dismiss
vis-8-vis the counterclaim on that ground.
x.
....
REMEDIAL LAW 6
XI.
A.
B.
(b) The judgment or final order of the RTC in the exercise of its
appellate jurisdiction. (1.5%)
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REMEDIAL LAW 7
XII.
A.
8.
On October 15, 2017, Jeff entered the land subject of the TRO.
XIII.
Invoking the Best Evidence Rule, Atty. Maya Bang, the defense
counsel, objected to the admissibility of the photocopies of the
confiscated marked genuine peso bills.
•
)2,
REMEDIAL LAW 8
Should the trial judge sustain the objection of the defense counsel?
Briefly explain your answer (5%)
XIV.
xv.
XVI.
Rule on the motion to terminate filed by Mr. Pork Chop, with brief
reasons. (5%).
XVII.
XVIII.
XIX.
tucked in the inner linings of the clutch bag. At the time of his
arrest, Boy Maton was watching a basketball game being played in
the town plaza, and he was cheering for his favorite team. He was
subsequently charged with illegal possession of dangerous drugs,
and he entered a plea of not guilty when he was arraigned.
During the trial, Boy Maton moved for the dismissal of the
information on the ground that the facts revealed that he had been
illegally arrested. He further moved for the suppression of the
evidence confiscated from him as being the consequence of the
illegal arrest, hence, the fruit of the poisonous tree.
The trial court, in denying the motions of Boy Maton, explained that
at the time the motions were filed Boy Maton had already waived
the right to raise the issue of the legality of the arrest. The trial
court observed that, pursuant to the Rules of Court, Boy Maton, as
the accused, should have assailed the validity of the arrest before
entering his plea to the information. Hence, the trial court opined
that any adverse consequence of the alleged illegal arrest had also
been equally waived.
-NOTHING FOLLOWS-